CONFIRMATION.

No. XVII.

Deed of Confirmation of an Annuity charged on Leasehold Premises, and fresh Powers of Distress and Entry, the Grantor having become possessed of the legal Estate since the original Grant.

CONFIRMA-
TION.

Of Annuity and
Powers

for securing it.

legal estate was

grant of an

TO ALL WHOM THESE PRESENTS shall come unto and concern, the within named (grantor of the annuity) sends greeting. WHEREAS at the Recites that time of the grant of the within mentioned an- outstanding at nuity or rent charge of made by the the time of the said (grantor) to the within mentioned (grantee), nuity. the said (grantor) was not possessed of the legal estate of and in the within mentioned premises charged and made liable to the payment of the same annuity or rent charge, but the legal estate therein was vested in the within named (trustee of the legal estate) who held the same premises (inter alia) under a lease granted to him by an indenture dated the by me (the lessor). AND WHEREAS a commission a commission of bankruptcy under the great seal of Great Bri- against the tain, was shortly afterwards issued against him trustee, and the said (trustee), and he was thereupon declared assignces. a bankrupt; and all the estate and effects of the said bankrupt were assigned to (assignees and trustees of the estate) who were duly elected and chosen assignees of his estate and effects. WHEREAS by a decree or decretal order of High Court of Chancery made on the

day of

of bankruptcy

appointment of

AND A decree in

the

day of

Chancery that assignees should sir ender a

lease.

CONFIRMA❤
TION.

Powers

for securing it.

should execute

grantee.

in a cause then depending between the said (grantee) and the said (assignees), it was

day of

as to so

Of Annuity and (amongst other things) ordered and decreed that the said (assignees) should execute a surrender of the term granted to the said (trustees) by the said indenture of the much thereof as related to the said messuages or and that lessors tenements within mentioned; and it was further a fresh lease to ordered that the said (lessor) should execute a fresh lease of the said messuages or tenements within mentioned to the said (grantee), the plainRecites the sur- tiff in the said suit. AND WHEREAS the said (assignees) in pursuance and obedience to the said in part recited demise, did by indenture bearing date the day of surrender and yield up to the said (lessor) his executors, administrators, and assigns, the said messuages or tenements and premises within mentioned, with And new lease, the appurtenances. AND WHEREAS in performance of and obedience to the said in part recited decree, the said (lessor) did by indenture dated the day of the same demise, lease,

render,

and to farm let to the said (grantee) his executors,
administrators, and assigns, the said messuages or
tenements and premises within mentioned for the
term of
years from the day of

And that gran- AND WHEREAS the said (grantee) in pursuance of his covenant contained in the within mentioned

tee had as

signed to

indenture bearing date the

day of

instant, assign and transfer the said messuages or tenements, dwelling houses and premises within

That the powers mentioned unto the said (grantor).

of distress and

AND

entry given by WHEREAS the power of distress and entry, and the remedies within given and provided for enforcing

grantor were ineffectual by

CONFIRMA
TION.

not possessing

the due and punctual payment of the within mentioned annuity or rent charge are incomplete and ineffectual, by reason that the said (grantor) was by reason of his not then in possession of the legal estate of the the legal estate within mentioned premises. AND WHEREAS the them. said (grantor) is now by virtue of the recited indenture of assignment of the

when he granted

said But being now

possessed

day of there of, he

has agreed to

possessed of the legal estate of and in ratify the an

nuity and effec

powers of dis

the said premises; and the said (grantee) hath tuate the applied to and requested the said (grantor) to tress and entry. assure, ratify, and confirm the same annuity or rent charge, and to corroborate and effectuate the powers and remedies so within given and provided for securing the punctual payment thereof, in pursuance of his the said (grantor's) covenant within contained for further and better assurance.

NOW THESE PRESENTS WITNESS that for the fur- Therefore it is ther and better assuring unto him the said (gran- witnessed, that tee) his executors, administrators, and assigns, the same annuity or rent charge of within mentioned, and corroborating and confirming the powers and remedies to him and them given in and by the within written indenture; and in virtue of his the said (grantor's) covenant within contained for further assurances, HE the said (gran- he doth tor) HATH granted and confirmed, and by these ratify the an presents DoTH grant and confirm unto the said (grantee) his executors, administrators, and assigns, the same annuity of

TO HAVE,

nuity,

premises there

hold, receive, and take the same annuity to him and them, in the manner and form within mentioned. AND the said (grantor) doth, for the and charge the considerations aforesaid, hereby charge and make with; liable the within mentioned messuages or tenements, dwelling-houses and premises, with the

G

CONFIRMA- payment thereof; and doth hereby for himself, TION. his heirs, executors, administrators, and assigns,

Powers

Of Annuity and grant, covenant, and agree to and with the said for securing it. (grantee) his executors, administrators, and assigns, that from time to time hereafter, when and as often as it shall happen that the said annuity or yearly sum of within granted and hereby confirmed, shall be in arrear and unpaid in the whole, or in any part, by the space of fourteen days next over or after any one of the days or

times whereon the same is within appointed to be Fresh power of paid, then and so often and from time to time as aforesaid, it shall and may be lawful to and for

the said (grantee) his executors, administrators, and assigns, into and upon the said several messuages, tenements, or dwelling-houses and premises within and hereby charged and made chargeable with the said annuity or yearly sum of

or into and upon any part thereof, to enter and distrain for the same annuity or yearly sum, and all the arrears thereof; and the distress and distresses then and there found, to detain, manage, sell, and dispose of in the same manner in all respects as distresses for rent reserved on leases for years, may or ought to be detained, managed, sold, and disposed of, and as if the said annuity or yearly sum of was a reserved rent upon a lease for years, To THE INTENT that the said (grantee) his executors, administrators, and assigns, shall and may thereby, therewith, or otherwise be fully satisfied and paid the said annuity or yearly sum of within granted and hereby confirmed, and all arrears thereof, and all costs, charges, and expences to be occasioned by the non-payment thereof, at the days or times within

appointed for payment of the same.

TION.

Powers

AND the CONFIRMAsaid (grantor) doth hereby also grant unto the said (grantee) his executors, administrators, and of Annuity and assigns, that from time to time and at all times for securing it. hereafter, when and as often as it shall happen that the said annuity or yearly sum of

within granted and hereby confirmed, or any part thereof shall be in arrear and unpaid by the space of twenty-one days next over or after any of the said days whereon the same is within appointed to be paid, then and from time to time also of entry. as often as it shall so happen, and either upon or at any time after the expiration of the said twentyone days it shall and may be lawful to and for the said (grantee) his executors, administrators, and assigns, (although no formal or legal demand shall have been made of the said annuity or yearly sum of ) into and upon the said several messuages or tenements, dwelling-houses and premises within mentioned, or into and upon any part thereof in the name of the whole of the same, to enter; and the same messuages, tenements, or dwelling-houses and premises, to have, hold, and enjoy, and the rents and profits thereof, and of every part thereof, to receive and take to and for his and their own use and benefit, until he or they shall thereby or therewith or otherwise be fully paid and satisfied the said annuity or yearly and all the arrears thereof, and also so much of the same annuity or yearly sum of as shall from time to time incur and grow due during such time as the said (grantee) his executors, administrators, or assigns shall continue in possession of the premises, after any such entry as aforesaid; and also all such losses, costs,

sum of